Income Tax department has claimed Rs 30,000 crore from companies that have violated provisions under the minimum alternate tax. Sources said the claim is not only for the current assessment year of 2009-10, wherein assessments are still going on, but also for previous four-five assessment years, which are under litigation either in courts or at appellate levels.
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The government’s tax collections could take a Rs 10,000-crore hit this year due to the setting up of the income-tax dispute resolution panel (DRP) for settling transfer pricing disputes. Such a dispute arises when there is a disagreement between the government and the taxpayer, especially a foreign company, in determining the tax liability of its subsidiary.
The government has decided to shelve the introduction of the unique transaction number, which tax payers need to quote along with permanent account number when tax is deducted/collected at source.The scheme was to have come into force from the new year. However, the finance ministry has not ruled out the possibility of introducing a new identity number like UTN from the next fiscal, in addition to the permanent account number to ensure prompt verification and granting of tax credits to tax payers.
The forthcoming Union budget may have an anti-avoidance provision, which can effectively check convoluted transactions devised exclusively for the purpose of evading paying taxes in India. The finance ministry, said revenue department officials, is contemplating the idea of vesting powers with the commissioners of Income-tax (I-T) to declare a transaction a sham, if there is a reason to believe that its purpose is to avoid tax in this country.
Now, habitual absence from work without taking leave amounts to misconduct on the part of an employee. According to the ruling by the Mumbai High Court, a person in the habit of being absent without prior sanction, is somebody who is not devoted to duty. “We are of the view that an employee who is in habit of remaining absent without prior sanction of leave, irrespective of the number of days, is guilty of misconduct under the rules,” observed a division bench recently while upholding dismissal of a Bharat Sanchar Nigam (BSNL) employee, Pandurang Kevne, who filed a petition challenging his removal.
For the benefit of all the Public Charitable and Religious Trusts, Trustee & all such Trusts should jointly make a petition before Law Minister, Law and Judiciary Department Sachivalaya, Maharashtra to amend this and other similar provisions in such a way that if nothing is intimated within 120 days, the said change reports should be deemed to have been accepted by the said officer, especially in the case of schedule III. In the case of schedule IIIA, since it is more sensitive matter and if it is not incorporated in schedule I within 120 days then the person concerned should be made accountable.
Thus, for the benefit of all the Public Charitable and Religious Trusts, Trustee & all such Trusts should jointly make a petition before Law Minister, Law and Judiciary Department Sachivalaya, Maharashtra to amend this and other similar provisions in such a way that the approval should be granted/rejected within 3/4 months on the lines of Chapter XXC of the IT. Act, 1961.
Managers cannot be termed workmen, the Bombay High Court has held, in a significant verdict that throws light on a vexed issue on who constitutes a workman in the post-liberalisation era. Observing that Industrial law must keep pace with times, the Court also held that managerial organisation today is radically different from the pre-liberalisation era.
The fringe benefit tax (FBT) was strongly opposed by India Inc, but there is no doubt that it was beneficial to the employees — they did not have to directly bear the tax on many perquisites. The repeal of FBT meant uncertainty on taxation of perks. Thankfully, there are few changes to the valuation rules when compared to the rules that existed prior to the introduction of FBT.
